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  • Commentaries
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5th Circuit Case Commentaries

Reaffirmation of Evidentiary Requirements for FCRA Violations: A Comprehensive Analysis of Cousin v. Trans Union Corp.

Reaffirmation of Evidentiary Requirements for FCRA Violations: A Comprehensive Analysis of Cousin v. Trans Union Corp.

Date: Mar 22, 2001
Reaffirmation of Evidentiary Requirements for FCRA Violations: A Comprehensive Analysis of Cousin v. Trans Union Corp. Case: Terry COUSIN, Plaintiff-Appellee, v. TRANS UNION CORPORATION,...
Defining 'Qualified Individual' Under the ADA and Damages Limitations: Analysis of Giles v. General Electric Company

Defining 'Qualified Individual' Under the ADA and Damages Limitations: Analysis of Giles v. General Electric Company

Date: Mar 20, 2001
Defining 'Qualified Individual' Under the ADA and Damages Limitations: Analysis of Giles v. General Electric Company Introduction Giles v. General Electric Company, 245 F.3d 474 (5th Cir. 2001), is a...
Clarifying Qualified Immunity Standards in §1983 Detainee Medical Care Claims: Thompson v. Upshur County

Clarifying Qualified Immunity Standards in §1983 Detainee Medical Care Claims: Thompson v. Upshur County

Date: Mar 16, 2001
Clarifying Qualified Immunity Standards in §1983 Detainee Medical Care Claims: Thompson v. Upshur County 1. Introduction In the case of Betty THOMPSON; Donald Thompson v. UPSHUR COUNTY, TX; et al....
Proper Filing of State Post-Conviction Motions to Toll AEDPA's One-Year Limitations: Emerson v. Johnson

Proper Filing of State Post-Conviction Motions to Toll AEDPA's One-Year Limitations: Emerson v. Johnson

Date: Mar 16, 2001
Proper Filing of State Post-Conviction Motions to Toll AEDPA's One-Year Limitations: Emerson v. Johnson Introduction The case of Christopher J. Emerson v. Gary L. Johnson, decided by the United...
Clarifying the EX PARTE YOUNG Exception: Fifth Circuit Affirms Eleventh Amendment Immunity in Louisiana's Abortion Liability Statute

Clarifying the EX PARTE YOUNG Exception: Fifth Circuit Affirms Eleventh Amendment Immunity in Louisiana's Abortion Liability Statute

Date: Mar 13, 2001
Clarifying the EX PARTE YOUNG Exception: Fifth Circuit Affirms Eleventh Amendment Immunity in Louisiana's Abortion Liability Statute Introduction In the landmark case Ifeanyi Charles Anthony Okpalobi...
Overriding Procedural Default in Brady Claims: An Analysis of Finley v. Johnson

Overriding Procedural Default in Brady Claims: An Analysis of Finley v. Johnson

Date: Mar 9, 2001
Overriding Procedural Default in Brady Claims: An Analysis of Finley v. Johnson Introduction Finley v. Johnson, 243 F.3d 215 (5th Cir. 2001), is a pivotal case that addresses the intersection of...
Federal Habeas Corpus Jurisdiction Limited to District of Incarceration: Lee v. Wetzel Analysis

Federal Habeas Corpus Jurisdiction Limited to District of Incarceration: Lee v. Wetzel Analysis

Date: Mar 8, 2001
Federal Habeas Corpus Jurisdiction Limited to District of Incarceration: Lee v. Wetzel Analysis Introduction Henry Lee, Sr. v. Monica Wetzel, 244 F.3d 370 (5th Cir. 2001), is a pivotal case that...
Reversing Heck: Fifth Circuit Allows §1983 Claims Post-Conviction Reversal

Reversing Heck: Fifth Circuit Allows §1983 Claims Post-Conviction Reversal

Date: Mar 7, 2001
Reversing Heck: Fifth Circuit Allows §1983 Claims Post-Conviction Reversal Introduction In Louis James Clay, Jr. v. Mon Cree Allen; Mary R. Thompson, 242 F.3d 679 (5th Cir. 2001), the United States...
Transfer of Venue under 28 U.S.C. §1404: Comprehensive Analysis of Hanby v. Shell Oil Co.

Transfer of Venue under 28 U.S.C. §1404: Comprehensive Analysis of Hanby v. Shell Oil Co.

Date: Mar 6, 2001
Transfer of Venue under 28 U.S.C. §1404: Comprehensive Analysis of Hanby v. Shell Oil Co. Introduction The case of John Hanby and Hanby Environmental Laboratory Procedures, Inc. (HELP) v. Shell Oil...
Clarifying 'Crime of Violence' in Aggravated Felony Classification: United States v. Chapa-Garza

Clarifying 'Crime of Violence' in Aggravated Felony Classification: United States v. Chapa-Garza

Date: Mar 2, 2001
Clarifying 'Crime of Violence' in Aggravated Felony Classification: United States v. Chapa-Garza Introduction In United States v. Moises Chapa-Garza, the United States Court of Appeals for the Fifth...
Federal Arbitration Act Supremacy in Admiralty Litigation: Texaco v. AmClyde

Federal Arbitration Act Supremacy in Admiralty Litigation: Texaco v. AmClyde

Date: Mar 1, 2001
Federal Arbitration Act Supremacy in Admiralty Litigation: Texaco v. AmClyde Introduction The case of TEXACO EXPLORATION AND PRODUCTION COMPANY and Marathon Oil Company v. AmClyde Engineered Products...
Reyes-Requena: Clarifying the Incorporation of §2244 into §2255 and the Application of §2241 as a Savings Clause

Reyes-Requena: Clarifying the Incorporation of §2244 into §2255 and the Application of §2241 as a Savings Clause

Date: Mar 1, 2001
Reyes-Requena: Clarifying the Incorporation of §2244 into §2255 and the Application of §2241 as a Savings Clause Introduction Jose E. Reyes-Requena v. Risto Reyes-Requena is a pivotal case decided by...
Vienna Convention on Consular Relations Fails to Confer Enforceable Private Rights: The Jimenez-Nava Decision

Vienna Convention on Consular Relations Fails to Confer Enforceable Private Rights: The Jimenez-Nava Decision

Date: Feb 27, 2001
Vienna Convention on Consular Relations Fails to Confer Enforceable Private Rights: The Jimenez-Nava Decision Introduction The case of UNITED STATES of America v. Alejandro Jimenez-Nava, adjudicated...
Qualified Immunity for Law Enforcement Officers in Arrest and Excessive Force Claims: Analysis of GLENN v. CITY OF TYLER

Qualified Immunity for Law Enforcement Officers in Arrest and Excessive Force Claims: Analysis of GLENN v. CITY OF TYLER

Date: Feb 23, 2001
Qualified Immunity for Law Enforcement Officers in Arrest and Excessive Force Claims: Analysis of GLENN v. CITY OF TYLER Introduction GLENN v. CITY OF TYLER is a pivotal case adjudicated by the...
Affirmation of Qualified Immunity in Malicious Prosecution Claims: Brown v. Lyford

Affirmation of Qualified Immunity in Malicious Prosecution Claims: Brown v. Lyford

Date: Feb 21, 2001
Affirmation of Qualified Immunity in Malicious Prosecution Claims: Brown v. Lyford Introduction Brown v. Lyford is a pivotal case adjudicated by the United States Court of Appeals for the Fifth...
Affirmation of Fluctuating Workweek Compliance under FLSA in Samson v. Apollo Resources, Inc.

Affirmation of Fluctuating Workweek Compliance under FLSA in Samson v. Apollo Resources, Inc.

Date: Feb 21, 2001
Affirmation of Fluctuating Workweek Compliance under FLSA in Samson v. Apollo Resources, Inc. Introduction In the landmark case George C. Samson, et al. v. Apollo Resources, Inc., decided by the...
ADA Disability Definitions and Employer Obligations: Dupre v. Charter Behavioral Health Systems

ADA Disability Definitions and Employer Obligations: Dupre v. Charter Behavioral Health Systems

Date: Feb 17, 2001
ADA Disability Definitions and Employer Obligations: Dupre v. Charter Behavioral Health Systems Introduction Mary Kay Dupre, the plaintiff-appellant, contested her termination from Charter Behavioral...
Enhanced Application of Apprendi in Drug Quantity Determinations: United States v. Garcia Jr.

Enhanced Application of Apprendi in Drug Quantity Determinations: United States v. Garcia Jr.

Date: Feb 16, 2001
Enhanced Application of Apprendi in Drug Quantity Determinations: United States v. Garcia Jr. Introduction United States v. Garcia Jr., 242 F.3d 593 (5th Cir. 2001), is a pivotal case that...
Affirmation of Disciplinary Action Standards in Prisoner Habeas Corpus Review

Affirmation of Disciplinary Action Standards in Prisoner Habeas Corpus Review

Date: Feb 16, 2001
Affirmation of Disciplinary Action Standards in Prisoner Habeas Corpus Review Introduction The case of O'Neill Hudson v. Gary L. Johnson addresses the procedural safeguards applicable to prison...
Expansion of Customs-Duty Exception under FTCA Upheld in Jeanmarie v. United States

Expansion of Customs-Duty Exception under FTCA Upheld in Jeanmarie v. United States

Date: Feb 16, 2001
Expansion of Customs-Duty Exception under FTCA Upheld in Jeanmarie v. United States Introduction In Jeanmarie v. United States, the United States Court of Appeals for the Fifth Circuit affirmed the...
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